Friday, April 26, 2019
Promissory Estoppel Essay Example | Topics and Well Written Essays - 1750 words
Promissory Estoppel - Essay ExampleIn this view, promissory estoppel is established as a contractual obligation that will in fact harmonize the often-divergent philosophies adhered to by legal scholars. This article looks at the different circumstances when promissory estoppel is used in the English courts and tries to summarize why the doctrine is an weighty part of contract law. It also tries to explain why the use of promissory estoppel is being contested. This paper maintains that promissory estoppel is still important in contract law and that instead of declining, it is actually evolving.Promissory estoppels has three apparent elements (1) a clear and definite promise, (2) the promise induced action or forbearance, and (3) injustice can only(prenominal) be avoided with the enforcement of the promise (Boyer 1950 460). The doctrine of promissory estoppels was first expounded in the case of Central London billet Trust Ltd v gritty Trees House (Denning 1946). In 1937, High Tree s House Ltd. leased a prevent of flats from Central London Property Trust, with the conditions that the rent is worth 2,500 and duration is 95 years. But because London was injury from war bombings at the time, High Trees may not be able to pay out its lease. To attend the company sustain its business and since numerous flats were still unrented, the plaintiffs sent a letter to the defendant confirming the reduction of the rent to 1,250. The defendants continued to pay the reduced rent and by 1945, when all the flats have been rented out, High Trees paid only 1,250. In September 1945, the plaintiff wrote a letter to the defendant collecting the legitimate amount of 2,500 for the entire year starting from September 29 to December 25, 1945. The defendants held that the letters passed on surrounded by the parties was evidence of modification in the original contract and that it was equally legally binding to the plaintiff company. headmaster Denning
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